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Strengthening DHS Border Oversight Task Force with Subpoena Authority

June 17, 2013 Dear Member of Congress, Checks and balances have been a cornerstone of our American government since its founding. Today, in an era of increasing immigration enforcement, these principles are as relevant as ever. While Congress deliberates an immigration reform with an expansion of resources for border enforcement, we urge our lawmakers to ensure accountability and oversight of border operations by providing subpoena authority to the Department of Homeland Security Border Oversight Task Force. The proposed DHS Border Oversight Task Force is an essential part of the bipartisan Border Security, Economic Opportunity and Immigration Modernization Act of 2013 that seeks to safeguard the civil rights and civil liberties of Americans residing along U.S. borders. The oversight authority delegated to the members of the Task Force is rightly based on the concept that experts various stakeholders who live, work, govern, protect, and research quality of life along our borders be a resource to Congress and DHS so that border security strategies meet their stated goals while protecting the Constitutional rights of multiple sectors of society. This Task Force, made up of stakeholders ranging from business representatives to Border Patrol along the Northern and Southern border, would ensure that the needs and feedback of diverse local border communities be taken into account in assessing border enforcement policies. Such a meaningful oversight mechanism would not only safeguard American values, rights, and liberties, but would also contribute to a better quality of life and flow of commerce along the border. However, Republican and Democrats alike have been frustrated by DHSs lack of transparency on reporting progress towards its border security goals, its use of appropriated funds, potential inefficiencies in management and communications, as well as with overreach of authority. Consequently, in order for the Task Force to be effective, it must be able to compel Administration officials to provide relevant testimony and records in a timely fashion. The option for it to use subpoena authority is a practical tool for it to acquire sufficient and accurate evidence in order to make judicious recommendations to Congress. The Congressional mandate prescribed to the Task Force must be commensurate to the significant projected increase of federal law enforcement on American soil. This is why we strongly endorse and request that subpoena authority be given to the DHS Border Oversight Task Force. Similar to the subpoena powers found in the Republican-sponsored DHS Accountability Act passed by the House of Representatives in the 112th Congress and the U.S. Civil Rights Commission, these powers would make it possible for the Task Force to provide Congress with accurate and informed recommendations to improve the effectiveness and accountability of our border security system.

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